Solterra Subdivision No. 2 FP-15-029BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 46 SINGLE-
FAMILY RESIDENTIAL LOTS
AND 6 COMMON LOTS ON 5.34
ACRES OF LAND IN THE R-15
ZONING DISTRICT FOR
SOLTERRA SUBDIVISION NO.2
BY: C-15, LLC
APPLICANT
HEARING DATE: SEPTEMBER 15, 2015
CASE NO. FP -15-029
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on September 15, 2015 for final plat
approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that
the Administrative Review is complete by the Planning and Development Services Divisions of
the Community Development Department, to the Mayor and Council, and the Council having
considered the requirements of the preliminary plat, the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of "PLAT SHOWING SOLTERRA SUBDIVISION NO. 2,
LOCATED IN THE SE 1/4 OF SECTION 05, T.3N., R.IE., B.M., MERIDIAN,
ADA COUNTY, IDAHO, 2015, HANDWRITTEN DATE: 07/23/15, CARL
PORTER, PLS, SHEET 1 OF 3," is approved subject to those conditions in the
staff report to the Mayor and City Council from the Planning and the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SOLTERRA SUBDIVISION NO. 2 (FP -15-029)
Page 1 of 3
Development Services Divisions of the Community Development Department,
dated September 15, 2015, a true and correct copy of which is attached hereto
marked "Exhibit A" and by this reference incorporated herein, and the response
letter from Marcel Lopez, a true and correct copy of which is attached hereto
marked "Exhibit B" and by this reference incorporated herein.
2. The final plat upon which there is contained the certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City's
requirements shall be signed only at such time as:
2.1 The plat dimensions are approved by the City Engineer; and
2.2 The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash surety has been
issued guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SOLTERRA SUBDIVISION NO. 2 (FP -15-029)
Page 2 of 3
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho
Code§ 67-52.
By action of the City Council at its regular meeting held on the c
> s , 2015.
eD'wct,s� Mayor, C1 of
Attest: �0�4 ?,o
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Jaycee olman SEAL
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City Clerk ��,�
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day of
Copy served upon the Applicant, Planning Division, Public Works Department, and City
Attorney.
By:
Dated: q °
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SOLTERRA SUBDIVISION NO. 2 (FP-15-Da9l 0(
Page 3 of 3
EXHIBIT A
Solterra Subdivision No. 2 - FP-15-029 PAGE 1
STAFF REPORT
MEETING DATE: September 15, 2015
TO: Mayor and City Council
FROM: Bill Parsons, Planning Supervisor
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: FP-15-029 – Solterra Subdivision No. 2
I. APPLICATION SUMMARY
The applicant, C-15, LLC, has applied for final plat (FP) approval of forty-six (46) single family
residential lots and six (6) common lots on 5.34 acres of land in the R-15 zoning district.
Note: On March 17, 2015, the applicant received approval of a final plat (file #FP-15-006)
to develop fifty-one (51) single family residential lots. The applicant is requesting the
withdrawal of the previous application to develop five (5) fewer single family residential
lots in order to construct additional single level single family attached homes within the
development. With the reduction in lots, staff has evaluated the overall density approved
with the preliminary plat and has determined that the proposed reduction still maintains
the desired density of the MU-R designation and provides a greater mix of housing
envisioned with the approval of the Solterra development. Staff recommends the Council
acknowledge the withdrawal request before acting on the subject application.
II. STAFF RECOMMENDATION
Staff recommends the Council acknowledge the withdrawal request by the applicant and approve
Solterra Subdivision No. 2 final plat based on the analysis provided below in Section V.
III. PROPOSED MOTION
Approval
I move to approve File Number FP-15-029 as presented in the staff report for the hearing date of
September 15, 2015, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number FP-15-029, as presented during the hearing on September 15, 2015, for
the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number FP-15-029 to the hearing date of (insert continued hearing date here)
for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located near the northeast corner of E. Fairview Avenue and N. Hickory
Way in the SE ¼ of Section 05, Township 3 North, Range 1 East. (Parcel #S1105438410)
EXHIBIT A
Solterra Subdivision No. 2 - FP-15-029 PAGE 2
B. Applicant/Owner(s):
C15, LLC
4824 W. Fairview Ave.
Meridian, ID 83642
C. Representative:
Jim Conger
Conger Management Group
4824 W. Fairview Ave.
Meridian, ID 83642
V. STAFF ANALYSIS
The revised final plat depicts forty-six (46) single family residential lots and six (6) common lots on
5.34 acres of land in the R-15 zoning district. The average lot size is proposed to remain the same at
3,476 square feet. The gross density of the development is 8.61 dwelling units per acre consistent
with the density approved with the preliminary plat.
Qualifying open space proposed for this phase consists of several 10-foot wide parkways adjacent to
E. Clarence Drive and E. Apricot Drive (Lot 37, Block 1 & Lots 9 and 17, Block 4). Overall common
open space with this phase is 0.15 acres or 2.81%. The proposed open space is consistent with the
amount approved with the preliminary plat.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat (PP-13-037). The applicant is proposing to develop five (5) fewer residential lots than approved
with the preliminary plat as allowed under the UDC; the common open space remains the same,
therefore, staff finds the final plat to be in substantial compliance with the approved preliminary plat
as required by UDC11-6B-3C.2.
VI. SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the approved comprehensive plan map amendment, rezone,
preliminary plat (CPAM-13-002, RZ-13-015 and PP-13-037) and recorded development
agreement (Instrument No.114011562) for this subdivision.
2. The final plat prepared by Sawtooth Land Surveying, stamped on 07/23/15 by Carl Porter, shall
be revised as follows:
a. Add a note on the plat the states Lot 28, Block 1 is for the benefit of Lots 24-27, Block 1 for
the purpose of ingress/egress. The common driveway shall be constructed in accordance with
UDC 11-6C-3D, and be paved a minimum of 20-feet wide with a surface capable of
supporting 75,000 lbs. The note must also state who is responsible for the maintenance of the
driveway.
b. Graphically depict a 12-foot wide Permanent Public Utilities, Drainage, and Irrigation
easement along the north, south and east subdivision boundary.
c. Graphically depict which lots in Block 1, 2 and 4 will have zero side lot lines, and then
delineate a minimum 3-foot wide Permanent Public Utilities, Drainage, and Irrigation
easement on all others.
d. Graphically depict a minimum 3-foot wide Permanent Public Utilities, Drainage, and
Irrigation easement along the side lot lines of all lots in Block 3.
Provide two (2) full size copies of the plat with the aforementioned changes prior to obtaining
City Engineer’s signature on the final plat.
EXHIBIT A
Solterra Subdivision No. 2 - FP-15-029 PAGE 3
3. The landscape plan, prepared by Jensen Belts Associates, dated 02/19/15 shall be revised as
follows:
a. Common lot 29, block 1 shall be landscaped in accord with UDC 11-3B-8C. Required
landscape areas shall be at least 70% covered with vegetation at maturity in accord with UDC
11-3B-5N.
b. Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10. Include the tree mitigation
plan on the revised plan.
c. All fencing abutting common lots 29 and 37, block 1, lot 19, block 3 and lots 9 and 17, block
4 and shall be installed in accordance with UDC 11-3A-7.
d. Revise landscape plan to conform to the submitted final plat.
Provide two (2) full size copies of landscape plan with the aforementioned changes prior to
obtaining City Engineer’s signature on the final plat.
4. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing
to contain debris shall be installed around this phase prior to release of building permits for this
subdivision.
5. The applicant shall obtain the City Engineer’s signature on a final plat within two years of City
Council approval of the preliminary plat (by September 4, 2016), in accord with UDC 11-6B-7.
6. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
7. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
8. A street light plan shall be submitted and approved with the construction drawings. Street light
plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A
copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272
9. Future homes constructed within the subdivision must comply with the submitted elevations
approved with the recorded development agreement. Prior to applying for a building permit for
the single family attached homes, the applicant shall obtain approval of a Certificate of Zoning
Compliance and Design Review application.
10. Prior to the issuance of any building permits, the property shall be subdivided in accordance with
the UDC.
11. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from
the United States Postal Service stating that the applicant has received approval for the location of
mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information.
12. The applicant shall submit a final approval letter from the Street Naming Committee approving
the street names for the proposed subdivision.
VII. ONGOING CONDITIONS OF APPROVAL
1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
EXHIBIT A
Solterra Subdivision No. 2 - FP-15-029 PAGE 4
2. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
3. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
4. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
VIII. PROCESS CONDITIONS OF APPROVAL
1. No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
2. The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-5C-3C.
3. Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
4. The applicant shall pay any applicable impact fees prior to the issuance of a building permit.
IX. GENERAL REQUIREMENTS
1. Sanitary sewer service to this development is available via extension of existing mains adjacent to
the development. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2. Water service to this site is available via extension of existing mains adjacent to the development.
The applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for
building permits.
4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete
fencing, landscaping, amenities, pressurized irrigation prior to signature on the final plat.
6. The City of Meridian requires that the owner post with the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior
to final plat signature. This surety will be verified by a line item cost estimate provided by the
owner to the City. The applicant shall be required to enter into a Development Surety Agreement
with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond. Applicant must file an application for surety, which can be found on the
EXHIBIT A
Solterra Subdivision No. 2 - FP-15-029 PAGE 5
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, and water infrastructure for a duration
of two years. This surety amount will be verified by a line item final cost invoicing provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
8. All development improvements, including but not limited to sewer, water, fencing, pressurized
irrigation and landscaping shall be installed and approved prior to obtaining certificates of
occupancy, or as otherwise allowed by UDC 11-5C-1.
9. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
10. It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
11. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
13. All grading of the site shall be performed in conformance with MCC 11-12-3H.
14. Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
15. The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
16. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
17. At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
18. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
EXHIBIT A
Solterra Subdivision No. 2 - FP-15-029 PAGE 6
19. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
20. Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
21. Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
22. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
development plan approval.
X. EXHIBITS
A. Vicinity Map
B. Approved Preliminary Plat (PP-13-037)
C. Proposed Final Plat (dated: 07/23/15)
D. Proposed Landscape Plan (dated: 02/19/15)
EXHIBIT A
Solterra Subdivision No. 2 - FP-15-029 PAGE 7
Exhibit A – Vicinity Map
EXHIBIT A
Solterra Subdivision No. 2 - FP-15-029 PAGE 8
Exhibit B – Approved Preliminary Plat (PP-13-037)
EXHIBIT A
Solterra Subdivision No. 2 - FP-15-029 PAGE 9
Exhibit C – Proposed Final Plat (dated: 07/23/15)
EXHIBIT A
Solterra Subdivision No. 2 - FP-15-029 PAGE 10
Exhibit D – Proposed Landscape Plan (dated: 02/19/15)
1
Joshua Beach
From:Bill Parsons
Sent:Friday, September 11, 2015 9:44 AM
To:Jacy Jones; Jaycee Holman; Machelle Hill
Cc:Joshua Beach
Subject:FW: Solterra No. 2
Hello City Clerks,
Below is the applicant’s response to the Solterra No. 2 staff report.
Thank You,
Bill Parsons, AICP
Planning Supervisor
Community Development Department
33 E. Broadway Avenue
Meridian, Idaho 83642
PHONE: (208) 884-5533
FAX: (208) 888-6854
bparsons@meridiancity.org
From: Marcel Lopez [mailto:marcel@congergroup.com]
Sent: Thursday, September 10, 2015 3:02 PM
To: Bill Parsons; Jim Conger
Subject: Re: Solterra No. 2
Bill,
Thank you, we are in agreement with the conditions.
Marcel Lopez
Conger Management Group
From: Bill Parsons <bparsons@meridiancity.org>
Sent: Thursday, September 10, 2015 2:50 PM
To: Jim Conger; Marcel Lopez
Subject: Solterra No. 2
Jim and Marcel,
Attached is the revised staff report for Solterra Subdivision No. 2. Please review the changes to the conditions and
provide us with a new email stating your with comply with all of the conditions as stated in the staff report.
Thank You,
2
Bill